MD SALAUDDIN Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) This miscellaneous appeal is filed by the claimant against award dated 4.10.2002 passed by Claims Tribunal on an application under section 166 of Motor Vehicles Act, 1988. The quantum of compensation as awarded by the Tribunal is under challenge in this appeal.

(2.) The facts of this case are that while the claimant was proceeding towards Haldia by a vehicle on 1.10.2000 at about 10.30 a.m. a truck bearing registration No. WB 19-4903 coming at high speed from the opposite direction dashed against the vehicle of the claimant, as a result of which he sustained serious injuries. He was initially treated at Diamond Harbour Hospital wherefrom he was shifted to a nursing home at Calcutta, where he was treated for a period of about 15 days. The claimant has suffered fracture in his left leg and has become a partially permanent disabled person to the extent of 50 per cent, as certified by the doctor Exh. 8.

(3.) In the above petition the claimant has claimed compensation for a sum of Rs. 5,00,000 plus interest. The Tribunal relying upon the disability certificate as issued by the doctor, determined the loss of earnings of the claimant at Rs. 83,000 on the basis of notional annual income of Rs. 15,000 of the victim, as he is of the opinion that the victim has failed to prove his actual income as claimed at the rate of Rs. 25,000 per month by any reliable evidence. A further sum of Rs. 3,000 has been awarded for medical expenses and Rs. 1,000 for pain and suffering. Thus a total sum of Rs. 87,000 has been awarded with further direction that the same would carry interest at the rate of 9 per cent per annum from the date of filing of the claim petition till payment, in case the payment of the said awarded amount is not made within a period of two months from the date of the said award.